Simon's Megalomaniacal Legal Resources

Appeal-Judicial Review - Reasons - Adequate Given at Administrative Level

. Andruszkiewicz v. Canada (Attorney General)

In Andruszkiewicz v. Canada (Attorney General) (Fed CA, 2024) the Federal Court of Appeal dismisses an appeal from a Canada Border Services Agency (CBSA) JR, here where the appellant argued that the JR reasons were inadequate (but that the administrative decision reasons itself were adequate):

[4] The Federal Court determined that the reasons for the CBSA grievance decision are set out in the decision itself, the two investigation reports (the Investigation Reports), and the final level grievance précis prepared by a senior labour relations advisor (the Advisor) (the Précis). We agree: Sketchley v. Canada (Attorney General), 2005 FCA 404, [2006] 3 FCR 392 at para. 37-39; Veillette v. Canada (Revenue Agency), 2020 FC 544 at para. 27. This finding is important as it addresses the appellant’s submission that the CBSA grievance decision provides insufficient reasons to justify its conclusions. We are of the view that the CBSA’s decision, read with the Investigation Reports and the Précis, and considered in light of the record, discloses the key bases on which the decision was made.